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Terms and Conditions

Last Updated: 01 September 2025

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These Terms and Conditions of Use ("Terms") constitute a legally binding agreement between you ("You," "Your," or "User") and InteGroServ LLC ("ChillerCheck," "We," "Us," or "Our"), a limited liability company. These Terms govern Your access to and use of the ChillerCheck® web-based data management system (the "Service"), including all associated software, documentation, features, and content.

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By accessing, browsing, or using the Service, You acknowledge that You have read, understood, and agree to be bound by these Terms and Our Privacy Policy. If You do not agree to these Terms, You must not use the Service.

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1. Definitions

  • Service: The ChillerCheck® web-based data management system, including all its features, applications, and documentation.

  • User: Any individual or entity who registers for or uses the Service.

  • User Data: All electronic data, information, and other materials submitted by You to the Service, including but not limited to chiller operational data, efficiency metrics, and corrective actions.

  • LLC: InteGroServ LLC, the owner and provider of the Service.

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2. License Grant and Use of the Service

Subject to Your compliance with these Terms and the timely payment of all applicable fees, the LLC grants You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for Your internal business purposes.

You agree not to:

  • Use the Service for any unlawful purpose.

  • Copy, modify, reverse engineer, decompile, or disassemble the Service.

  • Attempt to gain unauthorized access to the Service or its related systems or networks.

  • Sell, lease, rent, or otherwise transfer the Service to any third party.

  • Use the Service to create a competitive product or service.

  • Interfere with the security or operation of the Service.

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3. User Accounts and Responsibilities

  • Account Information: You agree to provide accurate, current, and complete information during the registration process and to keep Your account information up to date.

  • Security: You are responsible for maintaining the confidentiality of Your account credentials (username, password) and for all activities that occur under Your account. You must notify Us immediately of any unauthorized use of Your account.

  • User Data: You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Data. You grant the LLC a non-exclusive, worldwide, royalty-free license to use, process, and display Your User Data solely for the purpose of providing and improving the Service.

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4. Intellectual Property

All rights, title, and interest in and to the Service, including all intellectual property rights (such as copyrights, trademarks, and trade secrets), are and will remain the exclusive property of the LLC and its licensors. The ChillerCheck® name and logo are trademarks of the LLC. You are granted no rights in or to the intellectual property of the LLC, except for the limited license granted in Section 2.

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5. Fees and Payment

  • Subscription Fees: Access to the Service is provided on a subscription basis. You agree to pay all applicable fees in accordance with the pricing and payment terms available on the ChillerCheck website or as outlined in a separate agreement.

  • Billing: You authorize the LLC to charge Your chosen payment method for all fees owed. All fees are non-refundable.

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6. Confidentiality

You agree to maintain the confidentiality of any non-public information You receive from the LLC related to the Service. The LLC will also take commercially reasonable precautions to protect Your User Data and other confidential information.

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7. Data Privacy

We will collect, use, and protect Your personal and business data in accordance with Our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, You consent to the data practices described in Our Privacy Policy.

 

8. Disclaimers and Limitation of Liability

  • "As Is" Basis: The Service is provided "as is" and "as available," without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

  • Limitation of Liability: To the maximum extent permitted by law, in no event shall the LLC be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) Your access to or use of or inability to access or use the Service; (b) any unauthorized access to or use of Our servers and/or any and all personal information stored therein; or (c) any conduct or content of any third party on the Service.

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9. Indemnification

You agree to indemnify, defend, and hold harmless the LLC, its owners, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service.

  • Your violation of any term of these Terms.

  • Your violation of any third-party right, including without limitation any intellectual property, privacy, or publicity right.

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10. Termination

We may terminate or suspend Your access to the Service at Our sole discretion, without prior notice or liability, for any reason whatsoever, including, without limitation, a breach of these Terms. Upon termination, Your right to use the Service will immediately cease.

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11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of [State of InteGroServ LLC's registration], without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [County, State], and the parties hereby consent to personal jurisdiction and venue therein.

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12. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between You and the LLC concerning the Service.

  • Modifications: We reserve the right to modify these Terms at any time. We will notify You of any material changes by posting the new Terms on the website. Your continued use of the Service after such changes constitutes Your acceptance of the new Terms.

  • Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

  • Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

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13. Contact Information

If you have any questions about these Terms, please contact Us at:

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ChillerCheck, LLC.

4030 Wake Forest Road, STE 349, Raleigh, NC 27609

support@chillercheck.com

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